Town of Uxbridge, MA
Request for Proposal
RFP: UMSC2020A
Mosquito Surveillance, Control, Consulting and Public Education
Sealed Proposals will be received at the Office of the Town Manager, Town of Uxbridge, Town Hall, 21 South Main Street, Uxbridge, MA 01569 until 3PM, on Wednesday April 15, 2020 for the following:
The Town of Uxbridge invites qualified bidders to submit proposals for staffing for mosquito surveillance, control, consulting and public education.
Proposals will be publicly opened at 3PM on Wednesday April 15, 2020.
The Request for Proposal (“RFP”) is made pursuant to Massachusetts General Laws, Chapter 30B, pertaining to the contract of Mosquito Surveillance and Control.
The Town of Uxbridge desires to contract with one vendor to provide services described as follows:
Surveillance, testing and treatment of public properties and private properties as allowed by property owners for control of mosquito population for three periods including:
o May 1, 2020 and June 30, 2020; o July 1, 2020 - November 1, 2020; and o May 1, 2021 - June 30, 2021.
Assistance to the Uxbridge Department of Health, DPW, and other municipal agencies to implement mosquito control and public education.
The contractor shall be responsible for any and all permits and approvals and statutory and regulatory compliance in order to effectuate this contract.
By submission of a Proposal (in writing), the person, company or corporation submitting a proposal agrees to enter into an agreement with the Town that incorporates all the terms and conditions of the RFP. The Proposer will be responsible for the development of all schedules for the coordination of all services and the required equipment related to this contract.
The Town has attempted in this RFP to be as accurate as possible, but is not responsible for any unintentional errors herein.
Section I. GENERAL
1. Each bidder must use a complete set of bidding requirements and contract documents when preparing his/her bid; s/he must examine them completely and thoroughly familiarize her/himself with all requirements.
2. The bid envelope must be sealed and clearly marked:
MOSQUITO SURVEILLANCE AND CONTROL FOR THE TOWN OF UXBRIDGE
3. Award date. Award will be made within thirty (30) days after bid opening unless otherwise stated in the specifications or the time for award is extended by mutual consent of all parties.
4. All proposals submitted shall be valid for a minimum period of sixty (60) calendar days following the date established for acceptance. The contract shall be awarded to the lowest responsible and eligible bidder.
5. If any changes are made to this RFP, an addendum will be issued. Addenda will be posted on the Town website and e-mailed to all bidders on record as having requested the RFP. Each responder shall acknowledge receipt of any and all addendum issues by submitting acknowledgment forms provided with any Addenda. Failure to do so shall be cause to reject the submittal as being nonresponsive.
6. Questions concerning this RFP must be submitted in writing by Tuesday April 7, 2020 at 11AM to:
Steven Sette Town Manager Town of Uxbridge 21 South Main Street Uxbridge, MA 01569
Or emailed to:
Dr. Kristin Black [email protected].
7. Written responses to questions will be emailed to all bidders on record as having requested the RFP.
8. Proposals may be modified, corrected or withdrawn only by written correspondence received by the Town of Uxbridge prior to the time and date set for the bid opening. Proposal modifications must be submitted in a sealed envelope clearly labeled “Modification No. ___” and must reference the original RFP.
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9. After the proposal opening, a bidder may not change any provision of the proposal in a manner prejudicial to the interests of the Town of Uxbridge or fair competition. Minor informalities will be waived or the bidder will be allowed to correct them. If a mistake on the intended bid is clearly evident on the face of the bid document, the mistake will be corrected to reflect the intended bid, and the bidder will be notified in writing; the bidder may not withdraw the bid. A bidder may withdraw a bid if a mistake is clearly evident on the face of the bid, but the intended corrected bid is not similarly evident.
10. The Town of Uxbridge reserves the right to reject any and all proposals and to waive any informality in bids received whenever such rejection or waiver is in its best interest.
11. The Town of Uxbridge will not be responsible for any expenses incurred in preparing and submitting proposals. All proposals shall become the property of the Town of Uxbridge.
12. Responders must be willing to enter into the Town of Uxbridge's standard form of contract that will include the service description of this RFP.
13. The bid, and any subsequent contract for the services, is hereby issued in accordance with applicable Massachusetts General Laws. The selected bidder shall be expected to comply with all applicable State and Federal laws and regulations in performance of service.
14. Bids received prior to the date of opening will be securely kept, unopened. No responsibility will attach to an officer or person for the premature opening of a bid not properly addressed and identified.
15. Any bids received after the advertised date and time for opening will be returned to the responder unopened.
16. Purchases by the Town of Uxbridge are exempt from Federal, State and municipal sales and/or excise taxes.
17. Unexpected closures. If, at the time of the scheduled bid opening, the Uxbridge Town Hall is closed due to uncontrolled events such as fire, snow, ice, wind, health emergency, or building evacuation, the bid opening will be postponed until 3:00 PM on the next normal business day. Bids will be accepted until that date and time.
18. The Town of Uxbridge is an Affirmative Action/Equal Opportunity Employer. The Town encourages bids from qualified MBE/DBE/WBE firms.
19. Bidders should be aware that many overnight mailing services do not guarantee service to Uxbridge.
20. The Contract time is fourteen (14) months and ends June 30, 2021.
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Section II. COMPLIANCE
Contractor must comply with: Chapter 306 of the Acts of 2004 § 1. (3) who shall certify that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least ten (10) hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and SECTION 2 (3) (b) Any employee found on a worksite subject to this section without documentation of successful completion of a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least ten (10) hours in duration shall be subject to immediate removal.
Section III. KEY CONSIDERATIONS
The following are key considerations that the Town strongly recommends be incorporated into the bid.
Bidder must provide all of the items described in Section II and comply with all of the bid submission requirements.
Bidder must provide evidence of at least three (3) years’ experience in completing Integrated Mosquito Control programs for municipal entities.
Bidder must have a PhD Entomologist on staff and provide a copy of a resume for this personnel.
Bidder must show capability to test mosquito pools for mosquito-borne diseases through PCR or RAMP method.
Bidder must provide evidence of staff experience in identifying mosquito species present in Uxbridge.
Bidder must provide evidence of staff experience in monitoring and controlling mosquito larval sites in Marsh habitat. Bidder must provide evidence of capability to perform these duties.
Bidder must provide proof that the Contractor owns or leases all of the equipment necessary to provide the complete service and include a list of any equipment in the bid response.
Bidder must have been in the field of pesticide application for a minimum of five (5) years and must provide proof of this.
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Bidder must have pesticide application license and must include copies of all applicable licenses in the bid response.
Bidder must have larvicide application license and must include copies of all applicable licenses in the bid response.
Bidder must have a valid driver’s license and include a copy of the license in the bid response.
Preference will be given to contractors who have experience in achieving approval of a mosquito control plan with the Massachusetts State Reclamation and Mosquito Control Board.
Section IV. SCOPE OF SERVICES
Responsibility of meeting with designated Town representatives to determine areas previously surveyed and found to be a problem and to identify other potential problem areas. Where applicable, the Town will provide a list of previously treated areas.
Surveillance using a non-chemical inspection method that involves classification of mosquito breeding sites, larval presence and distribution surveys, and adult mosquito biting and trapping surveys, as well as identifying mosquitoes to species. Larval surveillance would be conducted while the employee was undertaking larviciding.
Conduct weekly adult surveillance; if not to be tested for arboviruses, then to be used to measure species composition and population size of adult mosquitoes. The data can later be used in addition to larval sampling to determine efficacy of program. Adult surveillance tools to be used include CDC light traps, dry ice traps, gravid traps and resting traps. Assume 100 surveillances.
Testing during the mosquito season, on a weekly basis; the successful bidder should conduct larval surveys. This means that all sites that have been known to contain mosquitoes in the past are checked for the presence of mosquito larvae. This is accomplished through the use of a standard dipper (350 ml). Other methods of direct inspection include searching for new larval habitats (i.e. artificial containers) and developing mosquito habitats (i.e. water that has been blocked from running).
Records of larval stage and numbers per dip would be recorded with monthly reports. A few samples should be saved for later ID. Landing rates of adult
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mosquitoes are also noted. Further, light traps are placed at various locations around the county. Mosquitoes are removed from the light traps, counted, and identified.
Discuss the level of the problem with people in the tested area. Assume one- hundred (100) tests.
Treatment including source reduction and the application of a larvicide. The type of larvicide used to control mosquitoes is dependent upon the developmental stage the insects have reached when discovered. Larvae in the 1-3 instar stages are treated with either Bti (a bacteria) or in a catch basin environment with BtI/Bsph extended-release briquettes equivalent to FourStar 90. Fourth instar mosquito larvae and pupae must be treated using a different method, as the larvicides already mentioned are not able to affect their development at these stages. A light mineral oil is applied in cases where the mosquitoes have developed past the 3 instar stage.
Conduct Catch Basin Management that targets catch basins and storm drains larviciding treatment to control mosquitoes in their aquatic stages and prevent emergence as adult mosquitoes especially the suspected West Nile Virus vector Culex (sp.) that typically breeds in these structures. Inspections should be conducted to determine possible mosquito breeding locations. Assume one- hundred (100) treatments.
Determine, advise, and respond if emergency adulticide provisions should be activated through the Board of Health/Department of Health nuisance abatement or other regulatory authorities and relevant policies in case of elevated risk of vector-borne disease based on state enhanced risk criteria, disease outbreaks, or positive identification from mosquito trapping and testing.
The successful bidder will assist the Town in filing paperwork and reports with the appropriate Federal, State, and local agencies in order to be in compliance with Federal, State and local agency reporting and permits requirements. This may require report generation, permit filing, and attending state and local meetings. In addition, the successfully bidder will coordinate mosquito submissions to the Mass. State Laboratory or a private lab if required in the event of a positive result for a mosquito-borne virus.
The successful bidder will provide public education by developing and producing hard copy educational materials, attending civic and school meetings to communicate information about general mosquito control and specific activities in Uxbridge, and participating or organizing events as requested by the Uxbridge Health Department. Assume five (5) meetings per year.
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The successful bidder will provide consulting services and assist the Health Department in the development of Uxbridge’s short term and long term mosquito control plans, development and consultation on source reduction and habitat management techniques, and the generation of specific studies or reports as requested. Assume one-hundred (100) hours.
Section V. POSSIBLE PUBLIC LOCATIONS - MOSQUITO CONTROL
The successful bidder will work with the Department of Health and the Department of Public Works to assess and prioritize up to thirty (30) potential public locations for monitoring and/or mosquito control sites. Sites may be selected from the locations below and/or others identified before or during the surveillance and treatment seasons in consultation with the Uxbridge Department of Health and DPW.
o Albee Road - Prior DPW Emergency Certificate o Martin Street - Prior DPW Emergency Certificate o Homeward Ave. - Prior DPW Emergency Certificate o Hazel Street - Prior DPW Emergency Certificate o Hecla DPW Facility and storm water basin o Depot Street Wellfield - Monitoring Only o Blackstone Street Wellfield - Monitoring Only o Rosenfeld Wellfield - Monitoring Only o Cold Spring Brook Road/Stream Crossings o Multiple, Near Police Station o Albee Road Stream Crossing o Sutton Street o High Street Stream Crossing o Blackstone Street Stream Crossings (2) o Ironstone Road Stream Crossing o Hazel Street Stream Crossing o Elm Street Stream Crossing o North Main Street Stream Crossing o Douglas Street Stream Crossing o Lackey Dam Road Stream Crossing o Taft Elementary School o Whitin Middle School o Uxbridge High School o McCloskey School (Decommissioned)
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o Pout Pond Recreation Area o Blackstone River and Canal Heritage State Park o Uxbridge Town Common o Sutton Street Field Project o Town Forest-West o Taft Memorial Park o Henry Street Playground o DPW Pumping Station o D’Alfonso Park o Other publically owned locations TBD in consultation with the Uxbridge Department of Health and DPW.
In addition, possible State-owned, Federally-owned, and Private Locations (as access is allowed), up to ten (10) and may include:
o Dunleavy Brook storm water basin o Arbor Road o Our Lady of the Valley Regional School o Blackstone River and Canal Heritage State Park o West Hill Dam and Park - Army Corp of Engineers o Blackstone River and Canal Heritage State Park - DCR o Blackstone / West River Access - DCR o Lackey Pond - WMA Department of Fish & Game o E. Kent Swift - WMA Department of Fish & Game o Chockalog Swamp - WMA Department of Fish & Game o Edgewood Golf Course (Private) o Blissful Meadows Golf Course (Private) o Uxbridge Rod & Gun Club (Private) o Whitins Fish & Game Club (Private) o Fairwoods Christian o Hanscom CR (Private) o Laurel Brook Rod & Gun Club (Private) o Blackstone River CR (Private) o Prospect Hill Cemetery (Private) o Rainville (Private) o Southwoods Estates CR (Private)
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o Blackstone River & Canal Heritage State Park o Stanley Woolen Mill o Cormier Woods - The Trustees of Reservations o Other privately owned locations in consultation with the Uxbridge Department of Health and DPW, as access is allowed. The mix of private and publicly owned priority sites may be adjusted, if necessary, up to a total of forty (40) sites.
Section VI. DELIVERABLES
The successful bidder shall report testing locations and results as well as larviciding locations, application rates and frequency, and schedule of concluded public meetings and education forums on a monthly basis, to the Health Director at 21 South Main, Uxbridge, MA 01569.
Section VII. DURATION
This is a fourteen (14) month contract. This contract shall be in effect from May 1, 2020 through June 30, 2021.
Section VIII. REFERENCES
Bidders must provide a complete list of all customers for whom it performed a similar service, costing over $1,000 in the past three years.
Reference information must include
Company/Government Name Current Contact Person Phone Number, and Date(s) of service.
Poor references may be a basis for determining that a bidder is not responsible.
Reference questions will include but may not be limited to quality, attention to environmental issues, timely delivery, customer service and general customer satisfaction.
Section IX. TERMS AND CONDITIONS
The contract will be awarded to the responsive and responsible bidder offering the lowest Total Bid Price.
Bid price must include an annual price for services from May 1, 2020 - June 30, 2020 and also from July 1, 2020 - June 30, 2021, as well as a total lump sum bid price.
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Bidder (contractor) shall provide sufficient personnel and appropriate equipment to maintain the established schedule of mosquito surveillance, control, consulting and public education.
Any changes to the schedule, key personnel, equipment may be cause for an adjustment to amount payable for subject deliverable.
Payment is to be on a monthly basis with the Contractor submitting an itemized invoice showing dates that services were performed as follows:
Cost per adult mosquito control surveillance: (units are single trap site, per night) Cost per larval site inspected: (units are per site inspected) Cost per larval site treated (units are acres treated) Cost for Reports, Permits, State and local agency compliance (units will be fixed price for annual requirements, and hourly rate for special reporting) Cost for Public education (units will be fixed price for annual requirements) Cost for Consulting (units will be hourly rate)
Portable and permanent mosquito traps and related equipment will remain the property of the Town of Uxbridge.
The Town will award one (1) fourteen-month contract. Accordingly, bidders must propose pricing for the fourteen-month period.
Section X. INFORMATION TO BE INCLUDED WITH PROPOSAL
A. Evidence of at least three (3) years’ experience in completing Integrated Mosquito Control programs for municipal entities.
B. Names and resumes of key personnel including a PhD Entomologist on staff.
C. Evidence of capability to test mosquito pools for mosquito-borne diseases through PCR or RAMP method.
D. Evidence of staff experience in identifying mosquito species present in Uxbridge.
E. Evidence of staff experience in monitoring and controlling mosquito larval sites in Marsh habitat.
F. Evidence of capability to perform duties as delineated in Section IV of this RFP.
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G. Proof that the Contractor owns or leases all of the equipment necessary to provide the complete service and include a list of any equipment in the bid response.
H. Proof of experience in the field of pesticide application for a minimum of five (5) years and must provide proof of this.
I. Proof of pesticide application license (copies of all applicable licenses).
J. Proof of larvicide application license (copies of all applicable licenses).
K. Proof of valid driver’s licenses and include a copy of the licenses in the bid response.
L. Evidence of experience in achieving approval of a mosquito control plan with the Massachusetts State Reclamation and Mosquito Control Board.
M. Statement that the Proposer will comply with the following insurance requirements: Worker’s Compensation Employer’s Liability Commercial General Liability – Personal Injury and Property damage Commercial Automobile Liability
Section XI. PROPOSALS
Rejection of Submittals: The Town reserves the right to reject any and all submittals for any reason, and to act in the best interest of the Town of Uxbridge. Extensions: The Town shall have the exclusive right to extend the time frame, cancel further negotiations or to commence negotiations with other Proposers.
Recommendation: The Board of Health/Health Director will make a recommendation to the Town Manager regarding the proposal that is deemed most advantageous for the Town of Uxbridge.
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Execution: Proposer will be expected to execute the contract within thirty (30) days, subject to Town Counsel review and approval of all agreements entered into by all parties.
Section XII. Proposal Intent and Narrative
Proposers are expected to provide a Narrative Statement of Intent and Development (see form NSID in Appendix of this RFP) that speaks to the following: . Schedules and equipment list . How the proposed is consistent with the Town’s goals. . Financial and other considerations both economic and non- economic. . Additional community benefit(s).
Section XIII. Submittal Process
Sealed written Proposals will be received at the Office of the Town Manager, Town of Uxbridge, Town Hall, 21 South Main Street, Uxbridge, MA 01569 until 3PM, on Wednesday April 15, 2020; Proposals will be publicly opened at 3PM on Wednesday April 15, 2020.
All Proposals will remain in effect for a period of thirty (30) days from the deadline for submission, or until a Contract Agreement is signed by the Town, or until this Request for Proposal is cancelled, whichever occurs first.
No requests or questions will be accepted after 11AM, Tuesday, April 7, 2020. The Proposer must include with any request or question the name, address, telephone number, and email address of the person to whom the response, if any, should be directed. The Town will provide such answer or response in writing to all Proposers in the form of an Addendum to the RFP. Proposers are not entitled to rely upon any answers or responses unless issued by the Town, in writing, in accordance with this paragraph.
Proposals may be corrected, modified or withdrawn in writing only, and such writing must be received by the Town not less than forty-eight (48) hours prior to the Proposal opening. Any corrections or modifications must be in a sealed envelope when submitted.
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All requests for clarification and any questions about information contained in this RFP must be submitted in writing and addressed (Email is the preferred choice for submittal) to both: Steven Sette Town Manager Town of Uxbridge 21 South Main Street Uxbridge, MA 01569 [email protected] 508 278 8600 X2002
The Town of Uxbridge reserves the right to reject any and all Proposals, waive any informalities in the Proposals, and to accept the Proposal deemed to be in the best interest of the Town. An award will be made, if at all, to the responsive and responsible Proposer whose Proposal is deemed by the Town, in its sole discretion, to be the most advantageous, taking into consideration price, community benefits, and the method employed to address the Key Considerations outlined in Section I of this RFP.
One (1) print original and twenty (20) print copies of the Proposal plus one (1) electronic copy on a USB Flash Drive must be received by the Town Manager prior to 3PM, Wednesday April 15, 2020. Note that the Town does not receive overnight mail by 3PM; therefore, Proposers should not have the expectation of timely delivery of their response being delivered via overnight mail sent one-day prior to the designated date for receipt of such Proposals.
Proposals must be delivered in a sealed package, plainly marked “RFP: MSC2020A – “Mosquito Surveillance, Control, Consulting and Public Education” and addressed to:
Steven Sette Town Manager Town of Uxbridge 21 South Main Street Uxbridge, MA 01569
All Proposals will remain in effect for a period of thirty (30) days from the deadline for submission, or until a Contract Agreement is signed by the successful Bidder and the Town, or this Request for Proposals is cancelled, whichever occurs first.
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In the case of a discrepancy on the Price Summary Form between the written and numerical amounts, the written amount shall prevail.
The purpose of this Request for Proposals (the “RFP”) is to solicit responses for the purpose of Mosquito Surveillance, Control, Consulting and Public Education.
Proposers must meet all minimum evaluation criteria, must satisfy all minimum requirements contained in the RFP, must complete the enclosed response form and price summary form, and must include all requested documents. Failure to do so will render a Proposal non-responsive and will result in a rejection of the Proposal, unless the Town determines, in its sole discretion, that such failure constitutes a minor informality, as defined in M.G.L. c.30B.
Preference will be given to the Proposer who best addresses the Town’s Mosquito Surveillance, Control, Consulting and Public Education goals.
The forms/documents that appear at the end of this RFP must accompany the submitted Proposals. Failure to provide and of the required documents may result in the determination of “Proposer Non-Response”.
1. Proposal Cover Form
2. Price Summary Form 3. Narrative Statement of Intent
4. Non-Collusion Form
5. Payment of Taxes Form
In addition, all proposals must include the following:
1. Reference list
2. Copy of Licenses and Certifications
3. List of key staff
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Primary Contact Name
Address 1.
Phone Email Corporation YES NO State of Incorporation Partnership YES NO Names of Partners
2.
Individual YES NO Other
Name of Business
Address
Federal ID # 3. Signature
Name (Print)
Title
Date
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Proposer Primary Contact Name Address
The Proposed Price stated below is hereby submitted as part of the response to Response to Town of Uxbridge Request for Proposal UMMSC2020A “Mosquito Surveillance, Control, Consulting and Public Education” dated March 2020. The full Proposal and all required documentation are attached and represents the intent to respond fully, honestly and in compliance with the RFP, Commonwealth of MA General Laws, Federal Laws and regulations and all other pertinent laws and regulations governing commerce between municipalities and consultants.
Proposed cost for services as outlined in the attached Proposal:
Item # Description Bid Amount 1 Per test (assume 100) $
2 Per treatment (assume 100) $
3 Per surveillance (assume 100) $
4 Reporting and Permits (annual) $
5 Reporting and Permits (hourly, assume 100) $
6 Public Education (fixed price) $
7 Consulting (hourly, assume 100) $ Total Bid Price $ Total Lump Sum Bid Price $
Name of Company
Signature
Name (print)
Date
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Proposer Primary Contact Name Address
The Narrative Statement stated below is hereby submitted as part of the response to Response to Town of Uxbridge Request for Proposal UMMSC2020A “Mosquito Surveillance, Control, Consulting and Public Education” dated March 2020. The full Proposal and all required documentation are attached and represents the intent to respond fully, honestly and in compliance with the RFP, Commonwealth of MA General Laws, Federal Laws and regulations and all other pertinent laws and regulations governing commerce between municipalities and consultants.
Please use additional sheets as needed, marked “NSID” with page numbers.
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The undersigned certifies under penalties of perjury that the Proposal or Proposals submitted relative to this project is in all respects bona-fide, fair and made without collusion or fraud with any other person, joint venture, partnership, corporation, or other business or legal entity. As used in this certification, the word person shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.
Company Name
Signature
Name (print)
Date
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Pursuant to M.G.L. c.62C, §49A, I, , hereby certify under pains and penalties of perjury that (Proposed Contractor) has complied with all laws of the Commonwealth of Massachusetts relating to payment of taxes and has filed all state tax returns, paid all State taxes required under law and reported all employees and contractors, and withholding and remitting child support.
Social Security Number or Signature Federal ID Number of Contractor Authorized Representative of Contractor
Date Title
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be Executed on the day and year first above written.
TOWN OF UXBRIDGE CONTRACTOR
Steven Sette Name Town Manager Chief Procurement Officer Company
Title
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EXHIBITS RFP: UMSC2020A Mosquito Surveillance, Control, Consulting and Public Education
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AGREEMENT BETWEEN THE TOWN OF Uxbridge, MASSACHUSETTS AND XXXXXXX
THIS AGREEMENT made effective ______, 2020, by and between the TOWN OF Uxbridge, Massachusetts, a municipal corporation, acting by and through its Town Administration, with offices at Town Hall, 21 South Main Street, Uxbridge, Massachusetts 01569 (hereinafter called the "TOWN"), and XXXXXXXXXXXXX whose principal office address and state of incorporation are as set forth on Exhibit A (hereinafter called the "CONTRACTOR").
RECITALS:
WHEREAS, the TOWN desires to retain the CONTRACTOR to provide certain services for the TOWN, as described below, and the CONTRACTOR is willing to accept such engagement, all on the terms hereinafter set forth, now, therefore, in consideration of the mutual covenants hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
ARTICLE 1 ENGAGEMENT OF THE CONTRACTOR
1.1 The TOWN hereby engages the CONTRACTOR, and the CONTRACTOR hereby accepts the engagement to perform certain services for the TOWN, as described in Article 2.
1.2 In the performance of any service under this Agreement, the CONTRACTOR acts at all times as an independent contractor. There is no relationship of employment or agency between the TOWN, on the one hand, and the CONTRACTOR, on the other, and the TOWN shall not have or exercise any control or direction over the method by which the CONTRACTOR performs its work or functions aside from such control or directions which are consistent with the independent contractor relationship contemplated in the Agreement.
ARTICLE 2 SERVICES OF THE CONTRACTOR
2.1 The CONTRACTOR will perform the services described in the Scope of Services set forth on Exhibit A (the "Work").
2.2 The CONTRACTOR shall provide its schedule and services as set forth on Exhibit A.
2.3 There shall be no amendment to the Scope of Services or Work provided for in this Agreement without the written approval of the TOWN. The TOWN shall be under no obligation to pay for any services performed by the CONTRACTOR which are not explicitly agreed to by the TOWN in writing.
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2.4 The CONTRACTOR represents and warrants to the TOWN that the CONTRACTOR (including all of its personnel, whether employees, agents or independent contractors) will be qualified and duly licensed (if necessary) to perform the services required by this Agreement and further agrees to perform its services in a professional manner, and in accordance with the reasonable standard of care implied by law and all applicable local, state or federal ordinances, laws, rules and regulations, all of which are incorporated herein by reference. The CONTRACTOR will obtain and pay for any and all permits, bonds and other items required for the proper and legal performance of the Work.
2.5 The CONTRACTOR represents and warrants to the TOWN that it is not a party to any agreement, contract or understanding which would in any way restrict or prohibit it from undertaking or performing its obligations hereunder in accordance with the terms and conditions of this Agreement.
2.6 All written materials and any other documents (whether in the form of “hard” copies, graphics, magnetic media or otherwise) which are received and produced by the CONTRACTOR pursuant to this Agreement shall be deemed to be “work for hire” and shall be and become the property of the TOWN upon the receipt and production of such items by the CONTRACTOR. The TOWN acknowledges that such materials are being prepared with respect to the specific project contemplated hereby and that any reuse of such materials by the TOWN in connection with any other project shall be at the TOWN’s sole risk, unless otherwise agreed to by the CONTRACTOR in writing.
2.7 The CONTRACTOR shall be responsible for the professional and technical accuracy, and for the coordination, of all designs, drawings, specifications, estimates and other work or services furnished by CONTRACTOR or its consultants and subcontractors. The CONTRACTOR shall perform its work under this Agreement in such a competent and professional manner that detail checking and reviewing by the TOWN shall not be necessary. The CONTRACTOR shall supervise and direct the Work, using its best skills and attention, which shall not be less than such state of skill and attention generally rendered by the design and engineering profession for projects similar to the subject project in scope, difficulty and location.
2.8 The CONTRACTOR shall not use any subcontractors or sub-consultants (not identified herein) for any work required under this Agreement unless such use has been approved in advance in writing by the TOWN.
2.9 Notwithstanding anything to the contrary in this Agreement, the CONTRACTOR shall not be relieved of its obligations under this Agreement by the TOWN’s performance, or failure to perform, any of the TOWN’s administrative duties under
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ARTICLE 3 PERIOD OF SERVICES
3.1 Unless otherwise provided on Exhibit A, the term of this Agreement shall commence on the date hereof and continue until the Work is completed to the TOWN's reasonable satisfaction.
3.2 The CONTRACTOR shall proceed with the Work promptly after receiving Notice to Proceed and will diligently and faithfully prosecute the Work to completion in accordance with the provisions hereof. In any event, the Work shall be completed not later than the date set forth on Exhibit A. The CONTRACTOR acknowledges that time is of the essence of this Agreement.
3.3 If the CONTRACTOR is delayed in the performance of any of its obligations under this Agreement by the occurrence of an unforeseen event beyond its control such as fire or other casualty, abnormal adverse weather conditions, acts of God (collectively, "Unavoidable Events") which materially and adversely affect its ability to perform the Work, then the time for the CONTRACTOR to perform the Work shall be extended for such time as the TOWN shall reasonably determine is necessary to permit the CONTRACTOR to perform in light of the effects of the Unavoidable Event. If an Unavoidable Event occurs which, in the TOWN’s reasonable determination, makes the performance of the Agreement impossible without the expenditure of additional TOWN funds, the TOWN may, at its option, elect to terminate this Agreement upon thirty (30) days written notice.
ARTICLE 4 PAYMENTS TO THE CONTRACTOR
4.1 The compensation due to the CONTRACTOR shall be paid in the amounts, and in the manner, set forth on Exhibit B, attached hereto.
4.2 The CONTRACTOR will bill the TOWN at the completion of the work unless otherwise provided on Exhibit B, with one or more invoices broken down to show the quantity of work performed and the percentage of the entire project completed, categories and amount of reimbursable expenses (if any), and provide such supporting data as may be required by the TOWN.
4.3 The TOWN will pay the CONTRACTOR upon review and approval of such invoices by the TOWN or its designee.
4.4 This engagement may be subject to budgetary restrictions which may limit the total amount of funds available for the Work. Accordingly, unless otherwise stated on Exhibit B, the TOWN will not be obligated to pay any amount in excess of the maximum project amount without the express written approval of the TOWN.
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4.5 The CONTRACTOR and its sub-contractors shall not be compensated for any services involved in preparing changes that are required for additional work that should have been anticipated by the CONTRACTOR in the preparation of the documents, as reasonably determined by the TOWN.
ARTICLE 5 TERMINATION
5.1 This Agreement may be terminated, with cause, by either the TOWN or CONTRACTOR, upon written notice given by the non-defaulting party. For the purposes of this provision, "cause" shall include the failure of a party to fulfill its material duties hereunder in a timely and proper manner.
5.2 The TOWN shall have the right to terminate this Agreement for its convenience and without cause upon ten (10) days written notice.
5.3 Following termination of this Agreement, the parties shall be relieved of all further obligations hereunder except:
(a) unless the TOWN terminates for cause under paragraph 5.1, in which event the TOWN shall be under no obligation to make any payments to CONTRACTOR except for those services satisfactorily provided, the TOWN shall remain responsible for payments for the services satisfactorily performed and, unless this Agreement is for a lump-sum, expenses of CONTRACTOR reasonably accrued prior to the effective date of the notice of termination in compliance with this Agreement (less the value of any claims of the TOWN), all as determined by the TOWN in its sole discretion, but for no other amounts, including, without limitation, claims for lost profits on Work not performed; and
(b) The CONTRACTOR shall remain liable for any damages, expenses or liabilities arising under this Agreement (including its indemnity obligations) with respect to WORK performed pursuant to the Agreement.
ARTICLE 6 INSURANCE AND INDEMNIFICATION
6.1 The CONTRACTOR agrees to indemnify and save the TOWN harmless from any and all manner of suits, claims, or demands arising out of any errors, omissions or negligence by CONTRACTOR (including all its employees, agents and independent contractors) in performing the Work, or any breach of the terms of this Agreement by such CONTRACTOR and shall reimburse the TOWN for any and all costs, damages and expenses, including reasonable attorney's fees, which the TOWN pays or becomes obligated to pay, by reason of such activities, or breach. The provisions of this Section 6.1 shall be in addition to, and shall not be construed as a limitation on, any other legal rights of the TOWN with respect to the CONTRACTOR, in connection with this Agreement, and shall survive termination or expiration of this Agreement.
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6.2 Before commencing work the CONTRACTOR shall obtain and maintain at its expense and from insurance companies of a Best Rating of A or better, which are licensed to do business in the Commonwealth of Massachusetts, insurance as set forth below. If the CONTRACTOR is permitted to sub-contract a material portion of the Work or is otherwise identifying a third party to perform services for the Town, the CONTRACTOR shall assure that such sub-contractor or other third party also has such insurance.
(a) Workers' Compensation, covering the obligations of the CONTRACTOR in accordance with applicable Workers' Compensation or Benefits laws.
(b) Commercial General Liability Insurance on an occurrence basis with a combined single limit of not less than $1 million. Coverage is to include premises and operations, coverage for liability of subcontractors. The policy shall contain an endorsement stating that the aggregate limits will apply separately to the work being performed under this Agreement.
(c) Automobile Liability Insurance of not less than $1 million combined single limit covering owned, hired and non-hired vehicle use.
(d) Errors and Omissions Insurance of not less than $2 million per claim. The coverage shall be in force from the date of execution of the Agreement to the date when all design and construction work is completed and accepted by the TOWN, unless, however, the policy is a “claims made policy,” in which event the policy shall remain effective and in full force for a period of six (6) years after completion of all design and construction work relating to the engagement.
(e) Such additional insurance as may be required to be carried by the CONTRACTOR by law.
(f) Such additional insurance as the TOWN may reasonably require, as set forth on Exhibit A. CONTRACTOR shall maintain such insurance during the term of Agreement and give the TOWN twenty (20) days written notice of any change or cancellation of coverage. Each insurer providing policies hereunder shall waive its rights to subrogate claims against the TOWN. The TOWN will be added as an additional named insured with respect to each such policy and such endorsement shall be reflected on a Certificate of Insurance to be delivered to the TOWN upon the execution of this Agreement and at such times thereafter as the TOWN may reasonably request.
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ARTICLE 7 GENERAL PROVISIONS
7.1 Upon the expiration or the termination of this Agreement for any reason, all data, drawings, specifications, reports, estimates, summaries and other work product which have been accumulated, developed or prepared by the CONTRACTOR (whether completed or in process) shall become the property of the TOWN upon payment for such to the CONTRACTOR and the CONTRACTOR shall immediately deliver or otherwise make available all such material to the TOWN.
7.2 Neither party may assign, transfer or otherwise dispose of this Agreement or any of its rights hereunder or otherwise delegate any of its duties hereunder without the prior written consent of the other party, and any such attempted assignment or other disposition without such consent shall be null and void and of no force and effect.
7.3 Except as otherwise expressly provided in this Agreement, any decision or action made by the TOWN relating to this Agreement, its operation, amendment or termination, shall be made by the Board, Committee or Authority of the TOWN specified in the initial paragraph of this Agreement, unless specifically authorized or delegated by a lawful vote of such body.
7.4 This Agreement, together with Exhibit A (Contractor, Scope of Work, Term), Exhibit B (Payments), and Exhibit C (Tax Compliance Certificate), and any additional exhibits referred to therein, constitute the entire agreement of TOWN and CONTRACTOR with respect to the matters set forth therein and may not be changed, amended, modified or terms waived except by a writing signed by TOWN and CONTRACTOR. If there is any conflict among the terms set forth in the body of this Agreement and the terms or provisions set forth in Exhibit A or Exhibit B, or in any other attachment hereto, or in any other document or law incorporated by reference herein, such conflict shall be resolved by giving precedence to the party's address above by certified mail, return receipt requested Terms or provisions contained in the following documents in accordance with the following hierarchy, with the topmost document of the highest priority:
A. Applicable federal, state and local laws, rules and regulations.
B. Amendments to this Agreement, if any.
C. Exhibits A and B.
D. This Agreement.
E. Any other attachments to this Agreement.
To the extent the conflict is not resolved by applying the above hierarchy, the conflict shall be resolved in a manner that results in the highest quantity and best quality of goods and services to the TOWN.
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7.5 This Agreement is governed by the law of The Commonwealth of Massachusetts and shall be construed in accordance therewith. The parties agree that exclusive jurisdiction for any action arising out of or relating to this Agreement shall lie with the state and federal courts having jurisdiction over the county and state in which the Town is located and the parties hereby irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the venue of any proceeding brought in such location and further irrevocably waive any claims that any such proceeding has been brought in an inconvenient forum.
7.6 Any notices required or allowed shall be to the person's address above by certified mail, return receipt requested.
7.7 Notwithstanding anything to the contrary in this Agreement, this Agreement is subject to the appropriation and availability of funds.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above.
TOWN OF UXBRIDGE, MA CONTRACTOR
Steven Sette, Town Manager Name, President
Funding Org/Obj FEIN
Approved as to Funds Available
Michelle Laramee Town Accountant
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CONTRACT EXHIBIT A
CONTRACTOR, SCOPE OF WORK, TERM
1. Name of Contractor 2. State of Incorporation 3. Principal Office Address 4. Description of Services 5. Person, Department, or Committee, if any, Dr. Kristin Black to whom CONTRACTOR reports (§ 2.2) Health Director 6. Term of Agreement (§3.1) Fourteen (14) months 7. Completion Date (§3.2) June 30, 2021 8. Additional Insurance Coverage (§6.2(e)
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AGREEMENT EXHIBIT B PAYMENTS
1. Lump Sum Method
a. Maximum Project Amount:
b. Payment Increments: CONTRACTOR shall submit monthly invoices based on a percentage of work complete work as delineated in a progress report accompanying each invoice for approval and processing by the TOWN.
c. Reimbursable Expenses (if any): None
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EXHIBIT C TAX COMPLIANCE CERTIFICATION
Pursuant to M.G.L. 62C, Sec.49A, the undersigned certifies under the penalties of perjury that it, to the best knowledge and belief of management, has filed all state tax returns and paid all state taxes required under law (if any, are so required).
Signature
Name, President
Date
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ATTACHMENT A RFP: UMSC2020A
Mosquito Surveillance, Control, Consulting and Public Education
UXBRIDGE INFRASTRUCTURE AND OPEN SPACE ASSETS
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SSETS
A
PACE PACE
S
PEN
O
NFRASTRUCTURE AND AND NFRASTRUCTURE
I
XBRIDGE XBRIDGE
U
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08 09 21 09 08 21 08 09 09 08 20 09 09 01 01
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11 06 01 11 11 01 11 11 11 11 04 11 11 08 08
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2009 2014 1995 1995 2014 1995 1995 1995 1995 2016 1995 1995 2018 2018
1995
138
1764 4647 2224 2111 3149 3328
11 54 27 19 20
1.71
72.54 24.94 15.38
SSETS
128.44 103.83
A
64 64
230 307 224 392 203 409
2467 2906
25828 40690 11242 11242 13919 47223
PACE PACE
S
42.7 18.4
27.59
233.88 233.88
PEN PEN
26.07474816
O
NFRASTRUCTURE AND AND NFRASTRUCTURE
I
XBRIDGE XBRIDGE
U
(Decommissioned)
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01 09 27 27 14 14 27 27 14 14 14 27 27 27 27 27 27 27
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08 11 09 09 02 02 12 12 02 02 02 12 12 12 12 12 12 12
------
000
2018 1995 2005 2005 2 2000 2001 2001 2000 2000 2000 2001 2001 2001 2001 2001 2001 2001
1732
19
36.3 8.71
12.84 60.22
SSETS
16 16 93
A
349 382 216 384 215 215 113 216 222 215 132 215 127
4090 4090 7778 7778 7537 7708 7672 7409 7672 7409
15726 10791 10791 21564 21564 10613
PACE PACE
15 15
8.71 3.39 15.6 15.6 32.2
S
56.46 87.48 12.77
110.74 110.74
206442
PEN PEN
14.76029706 47.47 20.46852075 12.83834092 62.22191912 53.95836791 30.95496778
O
NFRASTRUCTURE AND
I
XBRIDGE XBRIDGE
U
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3
27 14 27 27 27 27 14 27 27 27 27 17 27 27 27 0 05 30 28 03 22
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12 02 12 12 12 12 02 12 12 12 12 11 12 12 12 09 04 05 09 06 01
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2001 2000 2001 2001 2001 2001 2000 2001 2001 2001 2001 1994 2001 2001 2001 2002 2013 2013 2005 2013 2013
2985
19
35
0.15 0.49
SSETS
A
44 11 38 35
216 270 130 215 216 381 215 215 174 210 137 597 172 165 377
7304 9338 7304 7778 7435 7409 7778 7300 7672 7672 7584 8027 7409 5184 5489
21564 23383 50900 14309 36485
PACE PACE
S
35 15 28 24
2.06 8.79 15.6 15.6 2.36 0.54 21.2 52.5
15.45 17.91 26.35
121.84 110.74 110.74
PEN PEN
.54737306
3.5413737 5.2685552
12.64040176 40.75341043 37.26389195 43.18378029 14 19.62151634 23.39879775 25.50465744 96.69420479 83.36745413
O
NFRASTRUCTURE AND
I
XBRIDGE XBRIDGE
U
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HISTORIC
CONTAINS CONTAINS
257 861 117
1523 2647 3725 1285 3665 3857 1275 2868 3 2543 2537 1171 3747 3139 1755 1164 3139 2957
21 51 42 47 42 42 47 42 32 33 33 38 37 17 42 43 43 43 42 13
3
42.8 2.67 0.66 32.1 32.5
68.07 66.84 67.29 64.2 12.53
SSETS
A
28 96
198 288 255 373 110
5288 3907 7260
39030 23362 44047 12545
PACE PACE
13
S
26.92 13.82
113.79
PEN PEN
O
NFRASTRUCTURE AND AND NFRASTRUCTURE
I
XBRIDGE XBRIDGE
U
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24 24 01 24 24 24
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09 09 03 01 01 01
- - - - -
-
2009 2010 2000 2014 2014 2014
3859
37
9.56
SSETS
44
A
110 297 118 226 226 226
7260 9338
37872 38072 40135 40135 40135
PACE PACE
173 173 173
8.88 4.44 3.37
S
73.646
PEN PEN
O
NFRASTRUCTURE AND AND NFRASTRUCTURE
I
XBRIDGE XBRIDGE
U
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